Gujarat High Court Case Information System
Print
SA/36/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 36 of 2011
=========================================================
NARESHBHAI
ISHWARBAHI & 1 - Appellant(s)
Versus
BHAGWANBHAI
JIVRAJBHAI ZANZRUKIYA - Defendant(s)
=========================================================
Appearance
:
MR
DEVARSHI D VAIDYA for
Appellant(s) : 1 - 2.
NOTICE SERVED for Defendant(s) : 1,
MR BA
SURTI for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE BELA TRIVEDI
Date
: 25/04/2011
ORAL
ORDER
1. Heard
learned advocate Mr.Devarshi D. Vaidya for the appellants
(defendants) and learned advocate Mr.B.A. Surti for the
respondent(plaintiff).
2. The
Second Appeal is admitted on the following substantial questions of
law:-
“1. Whether
the lower Appellate Court has materially erred in law in
mis-appreciating the evidence of proof of signatures on the
promissory notes at Exhs.17,18 and 19?
2. Whether
the lower Appellate Court has materially erred in holding that the
respondent-plaintiff was entitled to the presumption under Section
118(A) of the Negotiable Instruments Act against the defendants?
3. Whether
the lower Appellate Court has erred in law in holding that the
appellants-defendants had failed to discharge their burden of proving
that the signatures appearing in the promissory notes at Exh.17,18
and 19 were forged and bogus one?”
(BELA
TRIVEDI, J.)
Hitesh
Top